100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
HFL1501 Assignment 6 PORTFOLIO Semester 2 Due 23 October 2024 R52,26   Add to cart
Quickly navigate to
Preview
  2.  
  3. University Of South Africa
  4.  
  5. Historical Foundations of South African Law

Exam (elaborations)

HFL1501 Assignment 6 PORTFOLIO Semester 2 Due 23 October 2024
 64 views  1 purchase

QUESTION 1 1.1 Name one South African constitution of which you have learned in this module that embraced an approach of complete denial of the principle of constitutionalism. (1) 1.2 Provide evidence from the Constitution of the Republic of South Africa, 1996 that supports the statement that...

[Show more]

Preview 2 out of 8  pages

Document information

  • October 11, 2024
  • 8
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

Subjects

  • hfl1501 assignment 6 portfolio semester 2 due 23

Connected book

book image

Book Title:

Author(s):

  • Edition:
  • ISBN:
  • Edition:

Written for

All documents for this subject (13)

Seller

avatar-seller
GeniusGears

Reviews received

Content preview

HFL1501

Assignment 6

PORTFOLIO

Semester 2

DUE 23 October 2024

, QUESTION 1


1.1 Name one South African constitution of which you have learned in this module that
embraced an approach of complete denial of the principle of constitutionalism.
The Constitution of the Zuid-Afrikaansche Republiek (ZAR) denied the principle of
constitutionalism by allowing the executive wide-ranging powers without judicial oversight.


1.2 Provide evidence from the Constitution of the Republic of South Africa, 1996 that supports
the statement that the current South African governmental structure is not based on
parliamentary supremacy.
The Constitution of the Republic of South Africa, 1996 establishes constitutional supremacy
instead of parliamentary supremacy. Section 2 explicitly states that the Constitution is the
supreme law of the Republic, and any law or conduct inconsistent with it is invalid. Section
172(1)(a) empowers courts to declare invalid any law or conduct that contradicts the
Constitution. Section 39(2) mandates that all courts, when interpreting legislation or developing
common or customary law, must uphold the spirit and objectives of the Bill of Rights,
reinforcing constitutional supremacy over parliamentary decisions. Additionally, Section 173
grants higher courts inherent authority to develop common law in alignment with constitutional
principles, and Section 211 requires customary law to comply with the Constitution.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying this summary from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller GeniusGears. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy this summary for R52,26. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

66579 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy summaries for 14 years now

Start selling
R52,26  1x  sold
  • (0)
  Buy now